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My husband loaned a couple $2000.00 (in the year 2000) in check form. It has been almost three years and they refuse to pay any of it back. Does he still have the legal right to sue for the money, and what documents would he need for court? (all he has is the original check after it was cashed.)

Asked on 10/09/02, 8:57 pm

2 Answers from Attorneys

The statute of frauds is satisfied by the endorsement of the other parties on the check. However, you have three years to from the date of breach to commence a lawsuit. The amount of your claim falls within the jurisdiction of Circuit, County, and justice courts. The least formal route would be through justice court.

I'd file in Justice Court (a.k.a. small claims court). You have 3 years to do so, but I'd do it now instead of later. To file go to the clerks office and ask them. They do it all the time and should be happy to help you as much as they can.